The family rights or right to family life are the rights of all individuals to have their established family life respected, and to start, have and maintain a family. This right is recognised in a variety of international human rights instruments, including Article 16 of the Universal Declaration of Human Rights, Article 23 of the International Covenant on Civil and Political Rights, and Article 8 of the European Convention on Human Rights.
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👉 Right to family life in the context of Necessary in a democratic society
"Necessary in a democratic society" is a test found in Articles 8–11 of the European Convention on Human Rights, which provides that the state may impose restrictions of these rights only if such restrictions are "necessary in a democratic society" and proportional to the legitimate aims enumerated in each article. According to the Council of Europe's handbook on the subject, the phrase is "arguably one of the most important clauses in the entire Convention". Indeed, the Court has itself written that "the concept of a democratic society ... prevails throughout the Convention". The purpose of making such claims justiciable is to ensure that the restriction is actually necessary, rather than enacted for political expediency, which is not allowed. Articles 8–11 of the convention are those that protect right to family life, freedom of religion, freedom of speech, and freedom of association respectively. Along with the other tests which are applied to these articles, the restrictions on Articles 8–11 have been described as "vast limitations", in contrast to American law which recognizes nearly unlimited right to freedom of speech under the First Amendment.
In this Dossier
Right to family life in the context of Family separation
Family separation is the condition where family members are involuntarily separated from each other, often because of immigration systems, although it can happen for other reasons such as military service or involuntary adoption. Family separation can have a serious impact on mental health. Because family separation interferes with the right to family life, family reunification is a reason for immigration in many countries.
Right to family life in the context of Parents' rights movement
The parents' rights movement is a civil rights movement primarily interested in human rights affecting parents related to family law, including child custody. Parents' rights are connected to parental responsibility and right to family life.